Requires the commissioner of health to establish means of educating proprietors and employees of public eating establishments about food allergens

Effects of present law which this bill would alter

Amends section heading 1352b of the Public Health Law to add food allergen information. Adds a new subdivision 3 to section 1352-b of the Public Health Law requiring information about the danger of severe food allergens to food allergic individuals be provided to proprietors and employees of food establishments.

Summary of specific provisions

The Commissioner would adopt and approve information to educate proprietors and employees of public eating establishments about the dangers of severe food allergens to food allergic individuals. Such information shall include, but not be limited to: The need to inform customers of the presence of allergens in food or meals on the menu or through verbal descriptions; the possibility of cross-contamination of a food with an allergen during food preparation and the need to inform customers of that possibility; and, the symptoms of severe allergic reactions to food and the need for rapid response to such emergencies.

The Commissioner would then supply the information to the proprietor of every public eating establishment in New York State and develop regu- lations for distributing or posting such information.

Justification

Nearly 11 million Americans suffer from food allergies, including approximately 2 million school-aged children. All of these individuals are at risk for potentially life- threatening allergic reactions resulting in over 30,000 emergency room admissions each year and between 150 and 200 annual deaths; many of these are young children and young adults. Eight foods account for 90% of all reactions in the U.S.: milk, eggs, peanuts, tree nuts (walnuts, almonds, cashews, pistachios, pecans, etc.), wheat, soy, fish, and shellfish. Because trace amounts of these foods can cause a reaction it is imperative that parents and children can easily identify and avoid those products.

Although many allergic individuals or their parents are extremely care- ful about foods they eat or prepare there are times when they must rely on others to inform them of the presence of dangerous allergens. When they eat at a restaurant, a cafeteria, or a catered event they usually ask the server or the food preparer if any dangerous ingredients may be present in the food item or used in the kitchen. Owners and employees of such establishments must know how important it is to answer those ques- tions fully and accurately, even if it means admitting they can't be sure.

Because this can be a matter of life and death, the Health department should prepare an explanation of the dangers of severe allergens, the importance of informing customers about their potential presence, the severity of the allergic reactions, and the need to respond quickly if there is a severe reaction. This information can be communicated easily to owners and employees to help reduce the risks of illness or death much the same way food establishments post signs for choking. Informa- tion about allergic reactions does not need to be posted for the general public but all workers who prepare or serve food should know what they can do to protect allergic people, especially children.

Legislative history

2011/12 - A.1062 - Referred to Health, Passed Assembly 2009/10 - A.5925/A.7622 - Referred to Health 2005/06 - A.8066 - Referred to Health 2007/08 - A.5086 - Referred to Health

Fiscal implications for state and local governments

Costs to the State of preparing and distributing information.

Effective date

180 days after it becomes a law, provided that any rule or regulation necessary for the timely implementation of this act has been promulgated by the Commissioner of Health.